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Ohio Trial Lawyers to Host Ken Levinson as Presenter at Annual Convention

August 12, 2020 by Levinson and Stefani Leave a Comment

Ken Levinson speaking at past Ohio Association for Justice Convention

Ken Levinson will be speaking at the 2020 Virtual Annual Convention of the Ohio Association for Justice on August 13th.

Some of the most talented trial lawyers from across the United States will gather–virtually–to speak at this event hosted by Ohio trial lawyers. Levinson will be giving a presentation called “The Top Non-Law Books Trial Lawyers Need to Read,” which will include titles covering an array of subjects, from implicit bias, decision making, and strategy, to psychology and even the impact of Second City improvisation.

“I love sharing my favorite non-law books that can help trial lawyers,” Levinson said, explaining that he is also happy the convention has been open to “new and non-traditional presentations.”

“They were just so generous and open to letting me take this topic about non-legal books and run with it, and I can’t wait,” he said.

Other speeches given will include “Fun with Shrinks: Psychological Evidence in Personal Injury” by Jonathan Karon, “Hollywood Ethics: Do They Ever Get it Right?” by Charles Kettlewell,” and “Know When to Hold ‘Em–Know When to Shred ‘Em–Don’t Gamble with Client Files” by Gretchen Mote. Mote is the Director of Loss Prevention at Ohio Bar Liability Insurance Company, and Joseph Caliguiri, who will be presenting “Ethics and the Practice of Law: What Would You Do for $357?” is Disciplinary Counsel at the Supreme Court of Ohio.

With this year’s annual convention being virtual for the first time, Levinson said there are both pros and cons to the new set-up.

“It will certainly be more challenging with a virtual conference and less in-person interaction,” he said, “but a positive is that since attorneys don’t have to travel, we can have more attendees.”

There were also be a safety session dedicated to trucking during the convention, with presentations including “Strategies to Maximizing the Catastrophic Truck Case” by Peter Kestner, and “Accident Reconstruction in Trucking Cases: Initial Perception, Actual Perception, and Reaction,” by James Crawford. 

“I’m teaching other lawyers that do what I do how to better represent their clients,” Levinson continued. “The key is that we’re all in this together in order to be better for our clients.”

The plenary speaker highlight will be “Hidden Damages That Can Add Millions to Your Cases” by Steven Gursten.

The event will be hosted on Zoom from August 12th to the 14th, and qualifies for half of necessary biennial CLEs while giving attendees opportunities to network with plaintiff’s attorneys from around the country.

For information on registering, please click here.

Tips on Staying Safe While Truck Crashes are at a 10-Year High

January 29, 2020 by Levinson and Stefani Leave a Comment

Fatal truck crashes throughout the United States are currently at a 10-year high, with the midwest seeing its fair share of large truck-related accidents.

For instance, Central Indiana alone has recently had numerous fatal truck crashes of its own. Earlier this month, three people died–including a one-year-old girl–when a commercial truck was not paying attention to the road and slammed into slowing traffic on I-65, killing everyone in the car in front of him.

The collision set of a chain of crashes involving eight passenger vehicles and one tractor-trailer, and marks Indiana’s third deadly accident since July of 2019 involving a distracted or impaired truck driver.

Just over two years ago, the industry reported that over 12 million trucks weighing at least 10,000 pounds hit public roads. Experts say a large increase in e-commerce sales, as well as a booming economy, are the reason.

“At the end of the day, it’s all of our responsibility to make sure we have safe highways,” said American Trucking Associations spokesman Sean McNally.

According to the National Highway Traffic and Safety Board, nearly 5,000 people died in incidents involving large trucks in 2017, and 72% of those who were killed were the drivers and passengers of other vehicles. 82% were multi-vehicle crashes.

“We are seeing more of these accidents as distracted driving becomes more of an issue,” said Stephen Wagner, an Indianapolis attorney who represents semi crash victims. “Fortunately, we’re seeing prosecutors taking these cases seriously and charging people when their inattention takes people’s lives.”

Because of this, experts are offering safety advice for drivers who may be sharing the road with truckers:

  1. Drive defensively

Being a defensive driver and anticipating unexpected actions of others can help you make much safer decisions.

“Most people tell me that they feel like they’re good drivers; it’s other drivers they’re worried about,” said Sgt. John Perrine of the Indiana State Police.

2. Pay extra attention when approaching a work zone

When traffic slows ahead of a construction or work zone, conditions can become especially dangerous.

According to Perrine, you should always leave yourself an exit (such as staying close to a shoulder), and keep an eye on your mirrors to avoid any potential mistakes by other drivers or issues caused by changes in road conditions or speed.

3. Avoid a truck’s blind spots

Although all vehicles have blind spots, a truck’s are much bigger and much more dangerous. A good rule of thumb to keep in mind–if you can’t see a truck’s mirrors, the trucker cannot see you.

Chris Turner, Commercial Vehicle Safety Alliance’s crash and data programs director, agrees. 

“Stay out of the blind spot, pass with plenty of distance, [and] make sure you can see all of the cab in the rearview mirror” before merging, he explained.

4. Give trucks plenty of space

Always make sure to leave a bigger amount of space between your car and a large truck. Trucks need hundreds of feet to stop while driving at highway speeds due to their weight and size.

“Those vehicles just can’t stop. Their mass is so much more intensified,” said Turner. “A passenger car would have to be going roughly 200 miles per hour to do the same damage.

5. Obey all laws and speed limits, and use your turn signal

Speeding, especially on a busy highway, can greatly increase your chances of a crash. When failing to use your turn signal, those changes grow even more.

Sticking to traffic laws, no matter how simple, will always make it safer for you, other drivers, and trucks.

6. Put your phone away

When it comes to road safety, all driving and trucking experts have one key point they always want to drive home: cellphones are one of the biggest culprits in distracting drivers and wreaking havoc on the road.

“Please,” said Peter Kurdock of Advocates for Highway and Auto Safety, “put the phone down.”

All of these tips include one major aspect: paying close attention to the road while driving. Although commercial vehicles are the biggest danger to drivers and passengers alike, Boone County Sheriff Michael T. Nielsen asserts that any kind of distracted driving is an enormous problem and huge safety risk.

“The Boone County Sheriff’s Office feels strongly that those [who] cause death on our public roadways, because of driver inattention, should be held accountable,” he said. “Please pay attention to your driving when operating a motor vehicle. Give yourself plenty of room to have a way out [and] put down your phone or other objects.”

Autopilot-Engaged Tesla Rear-Ends Police Car, Driver Assistance Tech Continues to Raise Concerns

December 21, 2019 by Levinson and Stefani Leave a Comment

Tesla cabin auto pilot

A Tesla driving on autopilot has rear-ended a parked police car in Connecticut, once again bringing alarmed responses regarding the automated technology.

The carmaker’s driver-assistance system, named ‘Autopilot,’ was operating a Tesla Model 3 sedan when it hit a parked police cruiser around 12:40 a.m. on December 7th. The highway-patrol vehicle was stopped with its hazard lights flashing on a major highway outside of Norwalk, Connecticut when the officer was working to assist a disabled SUV.

The driver of the Tesla said he was checking on his dog in the backseat when his vehicle rear-ended the cruiser. He told police the Tesla Model 3’s Autopilot feature had been activated and that he was not facing forward at the time of the accident.

The Model 3 also continued on to collide with the bumper of the disabled Jeep, which the officer was assisting. The rear end of the police cruiser, along with the front end of the Tesla, both sustained “heavy” damage.

The driver was issued a misdemeanor for reckless endangerment and reckless driving, but luckily, no one was injured.

“When operating a vehicle, your full attention is required at all times to ensure safe driving,” said a Facebook post by Connecticut State Police. “Although a number of vehicles have some automated capabilities, there are no vehicles currently for sale that are fully automated or self-driving.”

Tesla’s Autopilot system allows its vehicles to accelerate, steer, and brake automatically while changing lanes or staying within a single lane. Still, the feature needs “active driver supervision,” according to Tesla’s website. 

The Saturday morning incident has increased current concerns that Tesla is not working efficiently toward increasing safe usage of the Autopilot feature. Although the company’s vehicle user manuals urge drivers to stay attentive and keep their hands on the steering wheel at all times, Elon Musk himself has often retweeted video clips of hands-free Autopilot driving. 

Some Tesla drivers haven even posted videos of drivers appearing asleep at the wheel while Autopilot is in use.

This isn’t the first time Tesla’s Autopilot has been part of a major crash. In three past fatal crashes, including a 2018 deadly crash in Delray Beach, Florida (also with a Model 3), Autopilot was engaged. However, the National Transportation Safety Board is still investigating how much Autopilot actually contributed to that particular crash.

Additionally, another crash last year took place on a Southern California highway when a Tesla Model S ran into the back of a fire truck. Although this crash didn’t cause any injuries, it triggered another U.S. National Transportation Safety Board investigation, raising questions regarding the limitations of driver-assist technology such as this, which often fails to detect stationary objects.

It seems this particular issue has been a problem for some time now, without much improvement. We reported back in 2018 that although semi-automated control in vehicles is meant to protect drivers from risky situations on the road, the Insurance Institute for Highway Safety had released a “Reality Check,” which warned drivers  that “cars and trucks with electronic driver assist systems may not see stopped vehicles and could even steer you into a crash if you’re not paying attention.”

This August 2018 warning came after five different systems from Tesla, BMW, Volvo and Mercedes had been tested on both tracks and public roads. During this testing, the highway safety institute found that when testing automatic braking, Tesla’s system in both the Model S and Model 3 were the most dangerous–they were the only models that did not stop in time when tested on a track.

Still, Tesla continues to release its quarterly reports indicating that any driver using Autopilot is safer than one operating without it. Tesla also claims that this driving system reminds drivers that they are always responsible for staying attentive on the road, and that the system prohibits Autopilot use when safety warnings are ignored.

Clearly, this technology still has is limits, and drivers must always keep in mind that any system along the lines of “autopilot” is not self-driving, but is there to assist drivers with their control of the vehicle.

New Bill Introduced to Support Female Truckers

November 28, 2019 by Levinson and Stefani Leave a Comment

Lawmakers are introducing new legislation that will aim to support women working in trucking.

The Promoting Women in Trucking Workforce Act would work toward directing the Federal Motor Carrier Safety Administration to create a Women of Trucking Advisory Board, which would potentially break down the obstacles many women face while entering the industry. It would also work to collaborate with trucking companies, trucking associations, and other organizations in order to put into place new education and training techniques, as well as to develop mentorship and outreach programs for female-identifying employees in the trucking world.

Senators Jerry Moran (R-Kan.) and Tammy Baldwin (D-Wis.), who both serve on the Senate Committee on Commerce, Science, and Transportation, introduced the act on November 14th.

According to the Department of Labor, women made up about 47% of the civilian labor force in 2016. However, the Women in Trucking Association’s data show that less than 8% of truck drivers are women.

The bill would make sure the FMCSA administrator submits a report to Congress in full detail of the board’s findings and proposals.

“In Wisconsin, we make things, and we need to ensure we have a strong workforce to transport our goods to market,” said Sen. Baldwin. “Women currently make up less than 10% of the truck driving workforce, and removing the barriers that get in the way of women pursuing and retaining careers in trucking is key.”

Sen. Moran explained that the current truck driver shortage not only highlights a strong need to find new ways to recruit and retain drivers, but that there is a specific need to motivate more women to jump into the industry.

“Because women are substantially underrepresented in the trucking industry,” he said, “Congress should explore every opportunity to encourage and support the pursuit of careers in trucking by women.”

Moran has also helped lead a method of promoting women in aviation, which was included in the FAA Reauthorization Act of 2018.

The American Trucking Associations and the Women In Trucking Association are supporting the new legislation. ATA President Chris Spear said in a letter to the senators who introduced the bill, that although women are still underrepresented in trucking, the overall number of female truck drivers has increased by 68% since 2010.

Spear also noted that women tend to work more safely as truck drivers in comparison to their male counterparts. For example, the American Transportation Research Institute’s Crash Predictor Model was updated to show that men are 88% more likely to have a reckless driving conviction. Additionally, the research showed that men are 20% more likely to be involved in a crash.

The Women In Trucking Association’s president, Ellen Voie, was able to offer her own input on the new legislation, and said she was beyond happy to have her voice heard.

“By creating an advisory board to utilize the expertise and resources of the [FMCSA] and the members of the board, we can increase the opportunities for women as drivers, technicians, owners, trainers, and in other relevant career roles,” she said. “This’ll help us at a much higher level. It’ll also get other people involved.”

This bill comes soon after the FMCSA announced in July its plan to research violent crimes against women and minority truck drivers in the U.S., an assessment which the agency says will help to increase the number of qualified potential drivers.

“FMCSA needs to explore and validate the problem of harassment- and assault-related crimes, especially against female and minority male truckers for two reasons,” said the agency in its July 23rd announcement. “First, there seems to be a perception among these sub-populations of truckers that they are more vulnerable than others. Second, there is a critical shortage of truckers, and helping these sub-populations of tuckers protect themselves from crimes could draw more truckers from these sub-populations, while stemming turnover, to alleviate the shortage.”

The FMCSA is currently seeking White House approval to begin assessing the scope of this issue, and has since started collaborating with nonprofit research group Battelle to execute the study. As of now, the agency cites documentary and anecdotal evidence of these crimes, but does not yet provide methods of how women can protect themselves.

The Women in Trucking Association is now working with FMSCA to help the study get up and running, and is offering an anti-harassment employment guide to carriers that are working to address these issues among driver teams of all genders.

Ken & Jay Recognized as Leading Lawyers for 2019

November 7, 2019 by Levinson and Stefani Leave a Comment

Ken and Jay were once again named as Leading Lawyers by Law Bulletin Media. Their selection was the result of a rigorous process involving peer recommendation, the lawyer’s standing in the legal community within the state, and a review by the Advisory Board. Fewer that 5% of all lawyers in the state receive the distinction of being a Leading Lawyer.

Ken has been honored as a Leading Lawyer for multiple years, most recently in 2017 and 2018. Jay was also named a Leading Lawyer in 2018, after being recognized as an Emerging Lawyer in 2017.

Trucking Industry Slowdown: Especially Difficult Quarter for Knight-Swift Transportation

October 24, 2019 by Levinson and Stefani Leave a Comment

Capacity has increased due to big rig orders hitting a record high last year, with both major and independent trucking companies upping capacity in correlation with higher rates. This was caused mostly by the trade war, which led to a change in regular shipping patterns.

Overcapacity has proven itself a huge cause in the current challenging freight industry of 2019.

David Jackson, CEO of the country’s largest trucking company, Knight-Swift Transportation, is predicting overcapacity to make for a highly difficult next quarter for the industry.

As Knight-Swift gears up to report its earnings for the third quarter of the year, Jackson says he is currently working with the company’s investors to prepare for instability.

“The freight environment is difficult,” he explains. “It has been more difficult than people expect from an earnings standpoint.”

Jackson says the trucking industry is about to hit his leading company’s bottom line, while he also expects truck and rail stocks to experience a similar negative impact.

Knight-Swift has lowered its earnings plan for the rest of 2019–previously, its earnings guidance was between 54 and 57 cents per share now, its forecast falls between 47 and 48 cents.

The trucking company is also expecting to make even less during its fourth quarter, lowering its prediction of earning between 73 and 77 cents per share to between 62 and 65 cents.

According to Jackson, overcapacity is the culprit. Capacity has increased due to big rig orders hitting a record high last year, with both major and independent trucking companies upping capacity in correlation with higher rates. This was caused mostly by the trade war, which led to a change in regular shipping patterns.

Additionally, while the trucking market is working to correct itself, employment rates given by the U.S. Department of Labor indicate a for-hire reduction of 4,200 trucking industry jobs last month–the third month in a row the industry has retracted open employment opportunities.

In August, the trucking industry dropped 5,100 jobs, on top of 300 back in July.

Jackson says these reductions aim to improve the carrier operating environment. “People in the industry and investors are looking for when that inflection point will come. [The] general consensus is, that is happening the second quarter of the year.”

Because capacity will most likely reduce after this challenging period, Jackson expects freight rates to return to stability during the first half of 2020.

Until this upswing, company earnings will continue to reflect the repercussions of overcapacity.

While Knight-Swifts’ overall business is comprised of 90% contract trucking, its revenue per truck declined 3% in the second quarter of 2019. The company’s brokerage revenues–where it uses the spot market to directly connect drivers and customers–decreased by 10%.

“There is going to continue to be near-term pressure on freight rates, but capacity is leaving the space and that is reducing the oversupply problem,” explained Jackson, whose comments come while the American Trucking Associations is also warning the industry of a continuation truck driver shortage.

The American Transportation Research Institute’s list of critical issues shows truck driver shortage leading the industry’s concerns for the third year in a row.

The list comes after the ATRI collects over 2,000 surveys from industry stakeholders, with 51% of responses from trucking companies and another 35% from professional commercial truck drivers.

However, there is a fierce debate regarding the validity of this issue. The ATA has been fighting against a study by the Bureau of Labor Statistics, which finds that the driver shortage is in fact a myth.

In the BLS study, findings show the labor shortage within long-haul trucking would potentially be solved with proper wages that meet truckers’ demands and working conditions.

The Owner Operator Independent Drivers Association (OOIDA) also believes the idea of driver shortage is a farce backed by major carriers refusing to admit to large industry problems–such as those surrounding driver retention and recruitment, poor working conditions, wages not keeping up with inflation, and unsatisfactory employee treatment.

The ATA currently estimates that there is a need for over 60,000 drivers, with a possible shortage of 100,000 drivers over the next five years.

The ATA also says it supports the ‘Drive-Safe Act’ legislation, otherwise known as the Developing Responsible Individuals for a Vibrant Economy Act, which works to allow 18-year-old drivers to have a CDL and contract as regular employees in the industry.

Critics say the driver shortage myth aims to win lawmakers’ support in legislation such as this, which they say will not remedy the industry’s chronically excessive driver turnover rate.

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